Intellectual property

In this unit, you will select a case law pertaining to the topic of intellectual property.

Each case law analysis allows you to express yourself as clearly and fully as possible in dissecting a court decision. The purpose of the assignment is two-fold:

1. To give you the opportunity to read a real court decision.
2. To challenge you to think about how you would have decided the case. In your case law analyses, you must be able to navigate the court’s decision and summarize it; you are not expected to act as a judge or an advocate.

Using your selected court decision, prepare an analysis that responds to the following:

1. Articulates the importance, context, purpose, and relevance of law in a business environment:
   • Identify the parties who are before the court.
   • Provide a brief background to the problem. Summarize the facts in no more than 2–3 paragraphs.
   • Identify what is the specific disagreement between the parties.
   • Explain the ruling of the court in no more than 1–2 paragraphs.
2. Evaluates key judicial concepts that influence the decisions related to business:
   • Was there a dissenting opinion? If so, explain why some of the judges or justices disagreed with the majority in the decision.
   • Do you agree with the court’s decision? Why or why not?

You may choose any court case, either state or federal, as the basis for your case law analysis; however, the case should be applicable to the assignment topic. The recommended Web sites for researching and locating a case are listed in the Resources area.

Your analysis should be no more than two pages, double-spaced. References and citations are to adhere to APA formatting and style guidelines. Prior to submitting your assignment, be sure to review the scoring guide to ensure you have met all of the grading criteria.

Answer preview

There was two main question from the case, one was whether Hyatt was allowed to introduce so new evidence during an appeal which had not been brought to the agency, to begin with. The second question was whether the district court is allowed to accept the evidence or not.  When the case went to the courts of appeal, it was concluded that there were no limitations on the introduction of new evidence. Once the new evidence is presented the district court has to make de novo factual findings as well as take into account the new and the old evidence. There was unanimous verdict where all the members of the jury agreed. The United States Supreme Court agreed with the U.S Courts of Appeal and held that there was no unique limitation when it comes to the patent applicant’s right to bring in new evidence in a civil action.

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